The arrest of Jyoti Malhotra, a 33-year-old woman from Haryana, last week, allegedly for spying for Pakistan’s notorious ISI, is just the tip of the iceberg. Reports suggest she maintained multiple digital devices and used encrypted platforms to pass sensitive information to a Pakistani official previously expelled from India. Linking to her operations, several others were also taken into custody. Hence, this is not a casual crime—it is an act of betrayal, and it must be treated as such.
India’s intelligence agencies—the Research and Analysis Wing (R&AW) and the Intelligence Bureau (IB)—have the unenviable task of detecting and preventing such threats. And, once a suspect is arrested, unfortunately, it falls back into the present sluggish grind of routine legal proceedings. Can we afford that now, especially when conflict scenarios are intensifying at our borders? The answer is an unequivocal no.
Hence, the Modi government needs to set up special fast-track courts to try espionage cases with urgency. Justice delayed in these matters is not just justice denied—it is a threat to the national integrity. A defined timeline for investigation, prosecution, and sentencing must be mandated in law. A spy’s work is swift and secretive. Our response must be equally decisive and efficient.
Consider the gravity of espionage. It is not merely about leaking information—it is about enabling an enemy state to exploit our vulnerabilities. Espionage can be political, military, or cyber. It may involve diplomatic cables, troop movements, defence procurement details, or even classified emails and strategic plans. In every case, the consequences of inaction are catastrophic.
Under Indian law, several provisions already exist to punish such crimes.
- Sections 121 and 121A of the Indian Penal Code (IPC) deal with waging war against the state and conspiracy to do so, punishable by life imprisonment or even the death penalty in extreme cases.
- Section 124A (sedition) often overlaps with spying offences.
- The Official Secrets Act, 1923, criminalizes the sharing of sensitive government data with enemy agents. It explicitly prohibits approaching, inspecting, or photographing prohibited sites or disclosing protected information, including passwords and codes.
These legal tools are already in place. What’s missing is the urgency of execution.
The Jyoti Malhotra case isn’t an isolated incident. Over the past several years, multiple individuals—both Indian citizens and foreign nationals—have been caught passing sensitive military and strategic information to Pakistan. In some cases, these were disgruntled employees, lured by money or coerced through honey traps. In others, they were ideologically compromised. But in every instance, the crime is the same: treason.
It is naive to think that the usual legal timelines—dragging on for years—can adequately address such threats. The threat matrix today is hybrid, involving human agents, digital tools, encrypted platforms, and cross-border handlers. A slow, reactive justice system is simply not fit for this purpose.
This is not a partisan issue. National security must rise above party lines. No responsible political force should oppose a move to expedite trials in espionage cases. If anything, such a move will signal India’s resolve to defend itself against covert warfare, whether it’s waged with guns or stolen data.
In my view, the time has come to recognize espionage not just as a crime but as an act of war. And war demands swiftness, clarity, and resolve. Enough delay. Fast-track the spies. Protect the nation.
